Sexual Harassment

Leslie Starosta Research paper #2 In our patriarchal society men have been seen as the ones with an ascribed status of power. This power was first used to define roles within the family setting. Now this same power is being used to discriminate against women in the workplace. Once women were allowed to work along side of men, their power was threatened with the competition between the sexes for better opportunities. This struggle between the groups has caused a new issue to arise. Sexual harassment has been defined as "unwanted and offensive sexual advances or of sexually offensive remarks or acts" which is used to degrade another person in order to feel superior. (Dictionary.com). The purpose of this essay is to examine the history and the future of this modern social problem. If this melodrama were to be mapped out years ago it would have declared that men are the villains, women the victims and that the hero was the government trying to pass laws against discrimination. In some cases the employer could also be seen as either the villain if it was a quid pro quo situation or if they are the ones trying to ease the tensions in the workplace they could also be seen as a hero. The claims makers were women who initially felt belittled in the work environment due to unwanted advancements from their colleagues. However, things have changed over the last few years

  • Word count: 2100
  • Level: University Degree
  • Subject: Law
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Royal Prerogative

"Prerogative powers represent one of the most fundamentally significant constitutional laws, not least because of these definitional difficulties. However, the most controversial aspect remains controlling the use". Guissani E, Constitutional and Administrative Law, (1st edition 2008), p.226 One of the most important figures in law, Dicey has described Royal prerogative as: "historically and as a matter of fact nothing else than the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the Crown".1 Royal prerogative is commonly exercised by the Monarch. It is used for appointing the Prime Minister. The Crown also has a role in exercising reminders. Prerogative is a part of the common law. No Act of Parliament or approval is needed for it to be used. The King could not himself act as a judge; he must dispense justice through his judges.2 And he could make laws only through Parliament.3 There have been some problems, regarding to arbitrary power, which was announced as illegal, according to the Petition of Right 1628.4 Back in 17th century the Bill of Rights 1689 has declared specific illegal abuses to the prerogative power. A later decision was then made that prerogative power could only be exercised through a minister, responsible to the Parliament. Those prerogative powers are not written down, due to the unwritten

  • Word count: 1842
  • Level: University Degree
  • Subject: Law
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Rule of Law

The Rule of Law The rule of law is such a large concept, and like the word 'constitution' it is hard to define. This doctrine is one of the fundamental characteristics of the British Constitution. Although the English Legal System is known to be the prominent developer of this doctrine, however the idea of the rule of law originates from the Greek's and Roman's ideologies1. Widely, it was believed that over and above all-man made law, exist a universal law which imposed to all men everywhere and at all times. Bracton, a judge in the reign of King Henry III, in his writing held that 'the King himself should not be subject to any man but to God and to the law, because the law makes him King'2 This universal law was attributable to God. In the seventeenth century, L.C.J. Coke distinguished natural law with the common law of England which he described as 'the perfection of reason'3. Since human reason was given by God, the concepts of natural law were deducible by man by the use of his reason4. At the time of conflict between the King and the Parliament, Coke claimed that the common law is above the King and the Executive. In battle for power between the King and the Parliament, Coke alongside other common law judges developed an alliance with the Parliament. Subsequently, the Parliamentary body won and at last the supremacy of Parliament over the King and the all other bodies

  • Word count: 3968
  • Level: University Degree
  • Subject: Law
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Provocation Essay

Provocation Essay For a person to be criminally liable they must be commit the relevant prohibited act, or omission; the actus reus, and also be in the requisite mental state; mens rea, and also have no valid defence. Defences available cover situations such as insanity, duress or intoxication. However the Courts have accepted that there are situations in which a defendant has committed the relevant actus reus for murder, and also displayed thee relevant mens rea, and does not have a reasonable defence, however in the interests of giving the judges discretion and avoiding the mandatory life sentence dictated by a verdict of murder, the Courts have prepared to accept a series of partial defences to murder. The mandatory life sentence is often seen as unfair, as it does not allow for the circumstances of the case, and can often lead to juries returning 'not guilty' verdicts, in particularly emotional cases where they do not believe the defendant qualifies as 'murderer'. The defences introduced are considered special defences, in that they are only available to defendants charged with murder, and are also partial defences in that they do not completely absolve the defendant from liability; but instead allow a verdict of manslaughter. It has been suggested that as many as 45 percent of killings are committed by people who lose their temper. The partial defence of provocation has

  • Word count: 2510
  • Level: University Degree
  • Subject: Law
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Public International Law

SUBMITTED FOR Prof. Dr. A .W. M. Abdul Huq Dean, Faculty of Law NORTHERN UNIVERSITY BANGLADESH SUBMITTED BY Seik Golam Maksud LL.B (Hon's) ID: LLB040200248 Department of Law NORTHERN UNIVERSITY, BANGLADESH 5th January 2008 Dr. A.W.M Abdul Huq Research Supervisor Final Dissertation Northern University Bangladesh 93 Kazi Nazrul Islam Avenue, Dhaka-1215 Letter of Transmittal Sir, It is a great pleasure for me to submit the research paper on the topic of "PUBLIC INTEREST LITIGATION". While conducting this research, I tried my level best to make this research paper to the required standard. I hope that this paper will fulfill your expectation. I, therefore, hope that you would be kind enough to go through this paper for evaluation. I am always available for any clarification of any part of this research paper at your convenience. Thanking you. Seik Golam Maksud ID: LLB040200248 Semester: 11th LL.B (Hon's) Department of Law Northern University Bangladesh Topic PUBLIC INTEREST LITIGATION Dedicated To My Late Mother Jebun Nessa PREFACE This 'RESEARCH MONOGRAPH' is the out come of our LL.B (Hon's) Course curriculum. 'The Public Interest Litigation' is a touchy and emerging concept in Bangladesh and still there is no large word in this regard. Being insisted by my friends and teachers I have taken this initiative to make a research regarding on this

  • Word count: 17096
  • Level: University Degree
  • Subject: Law
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PUBLIC LAW

PUBLIC LAW 2004 COMPULSORY WRITTEN ASSIGNMENT THOMAS HORDER 288310 TUTOR: JOHN DAWSON "The main function of public law is to promote the accountability of government. This function, however, often has the effect of trespassing on the domains of our democratically elected decision-makers and law-makers. The friction between accountability and democratic values seems to be inevitable" [1] This is a critical discussion in which I shall question the legitimacy of the above statement in light of the constitutional principles existent within the New Zealand legal system. I submit that the friction between accountability and democratic values is, in reality, no friction at all. It is an apparent friction which, upon deeper reflection, serves to harmonise the workings of the entire structure into a coherent equilibrium. "The main function of public law is to promote the accountability of government" [2] The concept of accountability is defined as "liable to be called account" (Shorter Oxford English Dictionary Oxford University Press; 5th ed. (2002)) and government in this sense means the Executive and the Legislature. This statement suggests that public law promotes a situation where the Government is liable or answerable for their actions. Prima facie, this seems to be an accurate conception. After all, many of the documents which form the foundation of our public law today

  • Word count: 2217
  • Level: University Degree
  • Subject: Law
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Public law

PUBLIC LAW Written Assignment January 2004 Introduction A constitution may be described as a perennially evolving code of conduct that prescribes standards of behaviour for members of an institution and governs the relationship between that institution and external parties. This code may be written (codified) or unwritten. In legal terms, the United Kingdom constitution serves to define the functions, powers and relationships of the Executive, the Legislature and the Judiciary. As the State exercises power of coercion and freedom over its citizens, the constitution also sets in place restrictions on this power. This ensures that the exercise of the State's rights does not violate the rights and freedoms of citizens e.g. the right to a fair trial. Wheare defines a constitution as a "collection of rules which establish and regulate or govern the government"1. In other words, a state's constitution determines whether or not the actions of government are legal. Categories of Constitution Broadly speaking, there are two different types of constitution: written and unwritten. The former consists of a written document or documents, which sets out rules of conduct for the State. These documents comprise a higher form of law than any other, sometimes expressed as Fundamental Law. Existence of a written constitution requires a dedicated body to interpret and protect the

  • Word count: 2059
  • Level: University Degree
  • Subject: Law
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Public Law

Conventions apply to virtually all aspects of the constitution, and therefore it seems unrealistic to consider the constitution of the United Kingdom minus them. Constitutional conventions form the most significant class of non-legal rules; they supplement the legal rules of the constitution and also define the practices of the constitution. Conventions can be seen to impose an obligation on parties who are bound by the convention, breach or violation of which will give rise to legitimate criticism, generally with an accusation of unconstitutional conduct. It is this which has enabled the prerogative to remain largely intact and which has, therefore preserved the Monarch's formal constitutional role. Practices of conventions relating to the excise of their functions by the Crown, the government, Parliament and the judiciary that are not regard as legally binding but are followed as if they were. The most important conventions are that the Crown must exercise its constitutional powers only in accordance with the advice of the ministers but in particular the Prime Minister who collectively command the support of a majority of the House of Commons. There are no single reason why convention should be observed but a for an example, there is a convention that the Crown should appoint the leader of the party with majority of seat in the House of Commons who then is entitled to

  • Word count: 771
  • Level: University Degree
  • Subject: Law
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Public Law.

Public Law Essay Richard Wilson Week Seventeen It is well established and acknowledged that judges should remain independent from certain areas, such as political affiliation and relationship with the parties before them. However, in some cases, this autonomy is put in jeopardy, and these cases must be scrutinised. In this essay, it will be necessary to examine three different situations- those of Ranter, Singh and Twitcher. After analysis of their circumstances one must then consider the grounds which could justify their dismissal and also the mechanisms which would be employed if removal from office is justified. Firstly, the case of Ranter must be studied. Ranter is a full time sheriff who writes a weekly column for The Scotsman, a quality broadsheet newspaper. After the imposition of significant sentences on football hooligans, controversy develops over his extra-judicial journalism and it emerges that he had expressed views on the seriousness of football violence in his column three months before. In this situation, the suspension of the sentences and convictions of the alleged football hooligans would be a likely outcome. My view is backed up by the case of Bradford v McLeod1. In this situation, a sheriff, while attending a social function in Ayr, made remarks to the extent that he "would not grant legal aid to miners". Subsequently, fourteen

  • Word count: 1543
  • Level: University Degree
  • Subject: Law
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Property Law

Land Registration Act 2002 and the repeal of the Land Registration Act 1925, the system of registration was substantially reformed1. Property is not merely 'things' but things which somebody claims to own2. A landowner "owns" no more than a space, though he may also claim to own anything which is contained within that space3. Rose is a beneficiary as she has contributed to half of the purchase price, this constitutes as an implied trust where you rely upon the statement made by the trustee. Since the land was registered in Major Thorns name as a sole proprietary, Rose will argue that her interest is overriding and bind Mr Hay. Overriding interests are rights which bind the registered proprietor but is not protected on the land registration4. In the case of Williams & Glyn5 the bank was bound by Mrs, Boland's interest because she was in actual occupation and no enquiry was made by the purchaser. Court Of Appeal stated 'a wife who has a share in the house had an equitable interest in the land and actual occupation is a matter of fact and not law'. In addition, Mr Hay would be binding upon the beneficiary interest as Rose was not in occupation at the time of the sale and assume she is the wife of Major Thorn, actual occupation was a 'matter of fact and not law'. Lease over 7 years is binding; however a lease under 7 years can still be protected as it is capable of being

  • Word count: 1619
  • Level: University Degree
  • Subject: Law
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